Burns v. Crowley

O’Malley, J. (dissenting).

The action is to recover damages for an alleged breach by the defendant of a lease under seal of real property. The complaint was dismissed at the close of the evidence *68upon the ground that the plaintiff failed to show an existing lease between the plaintiff and the defendant.

The facts upon which the decision is predicated present little dispute. The plaintiff is the owner of a house located in the village of Briarcliff Manor, Westchester county, N. Y. In December, 1928, the defendant and his wife, after inspecting the premises, agreed to take a lease of the property…